what a lovely man, he never bother nobody. >> he was nice guy. it just doesn't make any sense. >> dan: an outpouring of grief and shock and a people are trying to find why a man was thought to death.

search is on in oakland for a dimmer of a store owner or international boulevard. he was gunned down while locking up his store last night. the family says it wasn't just theirfather but to fair to other families. >> less than 20 24 hoursa he was gunned down his daughter tried to describe the loss. >> a he did things for people. >> the 50-year-old man was found with one gunshot wound around 7:20 at night inside his business. police say appears bartly wlas shot during a robbery but offered few details dlts.

>> i'm saddened by this senseless act of violence and this community will pour as many resources we can in finding the killer or killers. >> bartly named his seal ui lar store after his son, marcus. >> if you do have information, you do share it with us. >> throughout the day friends and family lit kachbd wills a and notes at the store. >> it was all around a good man. i can't understand why somebody would harm him like that. >> if someone could take his life important money or whatever it's crazy to me. we need to know. we need to know. >> her remarks, made a plea to governor jerry brown asking where is the help he promised to fight crime here in oakland. as it happens the california

highway patrol begin patrolling the streets of oakland today. >> as of tonight, oakland is getting some much needed help to stop violence. this is the first night the highway patrol will be lending a hand there. they are expected to provide back-up at traffic is stops. they are employing more officers to the mission district. in the last few weeks four people have been shot. most have been gang related. today a supervisor david campos and grief suhr announced 12 people have been arrested and a they seized five guns since monday. they are offering job opportunities to provide an alternative to the gang lifestyle. >> meantime, police in san francisco are asking your help identifying this man. mat sunday with suspected of kicking and punching a muni

station agent on october 10th. he violently turned on the a little who followed him down the stairs after the man hopped a railing and ignored warnings that he couldn't take a bike on muni. >> may ward police need your help to find this man. they say he has no history of going missing and he has not contacted the family or girlfriend in ten days. there is no indication of foul play but hayward police are concerned and hoping that someone has seen him. governor brown has done everything but beg voters that support proposition 30. tonight a better idea of how voters really feel about the measure the governor is pushing so hard to pass. more from political reporter mark matthews. >> vote yes on 3.

vote, yes on 3. >> governor brown walked in the club bought taking questions with the new numbers. in the final days he is about making his case for a temporary sales tax increase on everything except groceries and gas and a longer hike on income taxes making over quarter a million a year. >> those who have done the best, can't they help us in california ace time of need. >> without the $6 billion that prop 30 would generate. the automatic trigger cuts are in the budget. >> money into the schools and colleges, into the california dream or out. yes or no. >> more californians saying yes, 48-38% opposed. >> all the governor needs is

another two or 3 percentage points and this thing will pass. >> former chair of the state republican party doesn't think so. >> usually when you are in this situation and you blow below 50% the odds are against it. >> take a look at the numbers one more time. 14% are undecided. those undecided voters tend to break heavily for the no side. >> it's just voters are resistant to change. no on 30 campaign is certainly trying to raise doubts about the proposition. pain xain has received $11 million donation out of state. a contribution the governor believes is illegal. >> the appropriate authorities, and attorney general are in court as we speak. >> this week a sacramento judge

ruled that voters have a right to know who donated $11 million. with you his decision is under appeal and it's not clear they will get to the bottom of it on election day. the vote on prop 30 will be very close. >> a former toxic state has been transformed into a model neighborhood in union city. new station district has 800 housing units, a park and large play ghround. it's located near a bart station that will connect to the capital corridor trains. it cost $20 million to remove toxic soil from this spot. >> there is had ep available for people in trouble with their mortgages. we want to tell you about a powerful option. details from news reporters heather ishimaru in san jose. >> that is the sound of success, money and maybe a home being saved.

>> on one side of the convention home, homeowners that help with their mortgages. on the others, lenders and bringing them together face to face is a counselor from the neighborhood assistance corporation of america. >> it's much harder for a lender to say no somebody and in person than on the phone. you have a negotiator right there to make sure it gets done. >> he has been at this for 24 years but only took the nonprofit on the road about four years ago after the subprime disaster unfolded. linda came to one two years ago after her house hold income was cut in. >> a they said they couldn't help me. so we stopped plot says, went through the process with the bank only again to try to foreclose on us.

>> she came back and got a 200,000 reduction in principle and $700 reduction in monthly payment. >> come, come early. get in line. if you come on the last two are two-or three days and you don't come early -- >> you sure aren't on the payroll? >> i am on excited about getting my loan modification. >> it's free. >> the homeowner never pays anything ever. >> it's too simple and good to be true. >> that is the question people should ask. >> dan: now the so-called american dream event runs through monday in san jose. it's held in south hall in san jose. it i free again. we have this information on tv. perhaps a real option for you or somebody you know. >> there is a lot hang.

targeting sex offenders, a secretary to an effort to get them off the street. >> sergio romo, why his t-shirt is more than a fashion statement. >> i'm spencer christian. i'll give you a look at live doppler 7-hd and a weekend warming trend in my accu-weather forecast. >> and equipment and crews heading into the storm zone to help restore electricity. anger is spilling over and so are the lines for transit alternatives. plus, to run the race or not to run it. the debate over new york city's iconic marathon in this time of crisis. stay with us

>> dan: new york city is trying to get back to normal. all three major airports are open but with limited service. in brooklyn, lines were deep with people trying to get on the bus to manhattan. part of the subway system has reopened but there are no trains heading into or out 6 lower manhattan. in new jersey the lines for gasoline are unbelievable. alex perez has that story. >> in new jersey where the line of cars waiting for gas stretches out of sight. we'll find out how long the line

is. >> number 68. >> i got here at 9:59 and it's 1:00. i feel like i'm going faint over here. >> lines in new jersey around new york today, not just for gas. >> you are seeing the line completely around the building. >> with the subway out of commission in brooklyn the line of people waiting for the bus stretched for blocks. >> where are the buses? >> check points were set up on the highway to force people to carpool. >> this continues. >> after hours of waiting those at the end are in for bad news. >> no more gas. >> can you believe that. because of widespread destruction caused by hurricane sandy, new jersey officials will deploy military trucks as

polling stations on tuesday. >> the mayor says the new york marathon will take place on sunday despite the extension. not everyone agrees that the right thing to do. >> new york's mayor says the starting gun will fire sunday for the annual marathon here. the still damaged streets of 40,000 runners and millions of onlookers. >> we expect by sunday most of the power will be back if not all of it. >> despite dramatic event to bring the power grid and subways back on line, there is growing concern that much of the race's course will not be back to normal clogging commuter routes. many are questioning whether they should be focusing on a race instead of a recovery. >> it seems wrong. if one police officer are helping others because of the

storm to go work at a road race. >> race begins in the city's most difficult borough one hard hit by the storm. >> it starts on staten island by the bridge and then main roads throughout the city. >> but despite those efforts, manhattan island president is calling the decision is crazy. we what we have is disaster. if they wanted a race. let them race amongst themselves. supporters say just the opposite. >> it's the spirit of the city. the best thing we can do is come together and celebrated. >> it's not just about symbolism. it's about restarting businesses. something he says that lost their lives would want. >> they would want to have an economy and have a city go on for those that they left behind. >> dan: walt disney company has announced a $2 million

contribution to the victims of hurricane sandy. >> we're doing everything we can including the cash donation and encouraging our employees to donate on their own which we will match dollar for dollar and using the disney company and our stations to run public service announcements encouraging others to donate. >> dan: one way you can help, through the red cross texas the words for a ten dollar donation. all you have to do is text or call 1-800-red cross or go to abc7news.com for the a link to the website. >> i can't think of a more worthwhile donation. let's talk to spencer christian. >> it's looking really great. here is a live view from high definition sutro camera.

looking at mainly clear skies, or mostly moony. we do expect clouds to thicken and fog to become dense. here is live doppler 7 hd. you see low clouds around the coastline. some of it as pushed locally from the coast but most areas are looking at clea skies. rainfall totals most recent storm are pretty impressive. over an inch and a half which is mounted st. hlena and inch at santa rosa. third of an inch in santa rosa. third of an in of in oakland. it's all out of here now. right now temperature readings mainly in the 50s. cool 51 in santa rosa and mid to upper 50s in most other locations. these are the forecast features, clouds and fog becoming thicker. partly sunny. tomorrow afternoon the morning will start off as partly cloudy

to foggy. sunnier and warmer this weekend. lows under partly foggy and dense fog spots. low 50s, some north bay valley locations will see those drop in the mid to upper 40s. here is satellite image. there is the frontal system that brought us yesterday's stormy weather. here is the next storm generally in our direction but most of ace energy is probably going miss us. this is a large area we're seeing north. 11:00 tonight, you see all the energy and precipitation going north of the bay area. as we get into friday night overnight, the front breaks up and begins to dissipate. it could be a sprinkle or two working its way to the coastal areas but we don't expect any significant rainfall here. tomorrow, high temperatures in the south bay in the upper 60s to about 70 in los gatos.

69 in redwood city and palo alto. downtown san francisco a high of 65 tomorrow. 62 in sunset district. north bay, hi in the upper 60s. east bay, highs of 66 in berkeley. 66 in hayward and newark 70. fairfield, livermore, 70s. upper 60s near the bay and 70 inland. seven-day forecast. moving up more over the weekend, mid to upper 60 70s inland. low to to upper 70s around the bay and mid to upper 60 aegs around the coast. don't forget to set your clocks back as we fall back to standard time. monday will be the warmest day. lovely day on tuesday which is election day. great day for voting. >> go out and don't worry about the rain.

this thank you very much. >> as we continue tonight. giants pitcher sergio romo and t-shirt statement

sergio romo finishing off the detroit tigers in game four of the world series. why the pitcher is now getting renewed attention tonight. he is the proud son of mexican immigrants. he made that very clear by his t-shirt he wore in the victory parade in the city. some like it and some don't. >> this is the $12 t-shirt that has created such a huge buzz.

sergio romo rowe during the parade. online shore store says the day they can't seem to make enough of them. >> it was first time that my generation felt we were not part of the american fabric. >> but more immigration advocates, it's a political statement that he and others can relate to. >> basically if you look at certain way you have to show your papers. that brings that to light somebody looks at certain way means they are undocumented. >> romo whose parents are both from mexico was raised in brayley. he was not shy in displaying it. abc news received many comments. >> not a shirt to wear to a world series parade. keep politics out of a team's celebration.

>> during the 2010 giants parade he showed everybody his shirt with iconic photo from beatles. >> he says, wait there is more. he lifted up his jersey. >> a bay area photographer. she took two years of romo during the fan fest. that is when he showed here the inside of his baseball cap with the names of his family members. he also wrote, proud who i am. she also got to see her super beaner t-shirt. >> he fully embraces it but it's been used doesn't make it so serious. he just uses it in what he is trying to get across. many people can relate to that. >> romo certain slay hometown hero. tomorrow night he will attend a high school baseball game in brawley in his honor.

>> in the meantime. the zoo's lucky monkey has been named after romo. post series one after posey and marco scutaro. but romo's popularity soared after he clinched the within for the giants. they hope that the real romo will visit the zoo for a a naming ceremony. >> an investigation, a south bay woman whose life has been taken over by the county's public guardian. >> they hijacked my mother. >> find out why the police were called in when the i-team begin investigating. and a south bay school principal now on trial. tonight she defends herself against charges of failing to against charges of failing to [ male announcer ] jay likes it when his mobile phone

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right from his citibank account. nice job ben. [ male announcer ] next up -- the gutters. citibank popmoney. easier banking. standard at citibank. santa clara's public guardian's office is facing criticism. some say are isolating elderly people taken over their lives right down to who can visit. >> that is the voice of 82-year-old gizelle reardon. >> i know. >> this is like a prison. >> she suffers from dementia.

her son make it with only three visits allowed in two years. >> they hijacked my mother. >> the public guardian's said to make personal decisions after she visits hospitals 19 times that single year. the court investigater including her family could not take care of her. >> the family members were not taking care of her. >> director of social services, he would not speak specifically about the case but the public guardian does not conserve a person without a cause. >> was there money available to provide the elderly person care needed and it wasn't being provided. >> marcus was living with the mother at the time. he loves her and was doing the best he can. >> my mom wants to come home. she wants to come home.

i was taking good care of her. >> but the public guardian sold the house to pay for his mother's care. he ended up living in car for a time. she was moved to an assisted living facility. >> we have always been close. >> he is clearly frustrated with the situation and court investigator he becomes hostile toward staff and yells and becomes disruptive. so the public guardian got a court order restricting his visits with his mom. they thus be supervised. he recorded their last meeting to protect himself from what he calls the public guardian's lies. >> i haven't done anything. >> you make your mother upset. >> i didn't make my mother upset. she is upset. >> i'm going to ask you to turn or of your tape.

>> clutched my arm and talked about how lonely she is. >> an advocate with national association to stop guardian abuse. not only are they restricting visits with the mother but all potential advice torsion. kue9d was able to see her twice before being kicked out. 18 members of the group have tried to set up visits and all have been denied. >> if the laws were followed and her rights were observed and honored this would not be happening. >> they point to a document in every conserved person's court file. the conservator retains trite have advice torsion and california title 22 says a resident to have his or her visits and representatives permitted privately during reasonable hours and without

prior noticed. >> if you locked her up grandmother in a jail cell, i go could to jail for it. >> i wanted to see if they were following the rules. i asked to see gizelle and another conserved woman. staff call the county than. >> residents, we to follow the rules. they have a court order that put them in charge of the resident. >> they told me by phone i couldn't see them until they made a background check on me. they instructed hem to call the police. >> why call the police on me? what danger did i pose to anyone at the nursing home? >> i think you and the public should feel good about that. that means that the public guardian acting as the conservator of individuals in any kind of residential facility is thinking first of protecting

that person's interest. >> i introduced myself to the officer who responded. he didn't really understand why he was there. he gave me a card and left. >> we want people to see other individuals to have socialization to be around family and friends, but it needs to be done in a way that isn't going to be alarming to them and we know about. >> marcus said it got just a taste of the trump he has received. according to a court investigator, gizelle is capable of shooting a president. she is registered to voted. she should be able to pick her own visitors and chooses where she lives. >> marcus tells me the mother got a phone in her room so they are talking over. she has made a few mistakes

trying to take care of her. by the way the public guardian told me it would with will be two days for my background check. it's been two weeks and i am still waiting. >> dan: the former president of penn state is now charged with trying to cover-up the sex scandal involving jerry sandusky. the highest ranking official charged in the case. to date he is accused of child endangerment and criminal conspiracy all felonies. >> this was not a mistake by these men. it was no not an oversight. it was not misjudgment. this was conspiracy of silences by top officials working to conceal the truth with total disregard to the children who were his victims. >> tim curly and gar schultz face new charges.

they deny the charges against them. sandusky is in prison sentenced to 30-60 years for his crimes. here at home, there was emotional testimony as a former elementary principal took the stand. she tried to explain to the jury why she didn't report a disturbing skin involving a teacher. the teacher is now accused of multiple charges of child abuse. >> they look different than the picture but cameras are not allowed in court. the former principal took the stand crying at times as the first witness in her own defense >> a dedicated, hoons professional who had nothing but the student's best interests at had a heart. >> a third grader describing a

incident involving a teacher. sthee took notes and deputy district attorney highlighted things from the notes. that the 8-year-old blind followed ltd her and told her to lie down to the floor right there. to open your two legs and said first, to but the something in my mouth and wiggled my body back and forth and my head. >> the notes speak for themselves. i cannot imagine a reasonable person didn't understand or recognize that was being described there was a sexual act. >> the defendant says initially she was concerned but testified chandler convinced her the activity was part of a lesson plan involving helen kellor and sensory deprivation. they say the girl's mother and a district administrator did not suspect child abuse. >> i don't think anyone did anything wrong. i think the more people that knew about it and didn't think

there was anything criminal. >> they should have known better especially when the child's mother brought in the jacket with a whitish clear stain. liquid the girl said chandler put in her mouth. >> we're hoping that other administrators and other teachers won't make the same mistake. >> attorneys present their closing arguments tomorrow. if the jury convict them on one misdemeanor count she could days up to six months in jail. karina rusk, "abc 7 news." and there is this, police are unveiling how many sex offenders were arrested during a check in halloween. the project is called object raise boo. statewide they contacted 1703 sex offender parolees, 85 were arrested. 16 in the bay area and along the central coast. state officials call the program a success.

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george lucas is going to donate 4 most of $4 billion he makes to charity. quoting an unidentified employee will give the bulk to educational foundation. his foundation has donated $175 million to the university of southern california. he is also a major contributor to make a wish foundation and stand up to cancer. >> the producer behind the

newsroom is developing a tv show about oakland city hall. the show is called city hall and it's said to be a political drama following the mayor and her young staff ears these take on the political establishment. officials are still deciding whether to cooperate with the producers of city hall. we spoke with a city councilwoman who is not sure this is what oakland needs right now. >> its pretty serious issue to deal with here in oakland. i think it's important that people take their elected representatives seriously. >> dan: when pressed who she would like to play her, she play any suggested gina davis and margaret cheryl could handle the jean quan and the rock could play howard jordan. we'll see. >> and california surfer

>> dan: this is what we like to call little friday. weekend is almost here. >> and time lapse view from the high definition mount tam camera let me get this thing to move for us. okay, voila! magic of technology the clouds move. and mount tam, a few clouds rolling through the sky but mainly blue sky and that is what we're going to have this weekend. statewide tomorrow, nice, sunny day. up in eureka but a lovely day, mainly mild, temperatures in the 70s and 80s in the bay area. after a foggy morning start, it will be partly sunny in the afternoon.

low 60s in the coast to low 70s and here is the 7 day forecast. mild to warm weekend and even warmer on monday. with high temperatures climbing to the low 80s by monday. >> thank you very much. >> two california surfers say they survived separate shark attacks by fighting back. one is scott stevens to close a 14 inch bite wound. he was surfing two days ago when the shark pulled him under. 25-year-old believes it was a great white. this is what the board looked like after the attack. >> it kind of shook me and punched the shark on the side of the head. >> a punch also saved in this woman. she says she was attacked by a 12 foot tiger shark off of maui this week. she punched it twice.

pretty remarkable. lucky to be alive. >> the giants making news, they say goodbye. a

coming tonight, school district that blaming, saying she brought it on herself. new process that promises to erase wrinkles using cells from your own body. results from the first patient to get the treatment. >> how do we sign up for that that? >> first in line. >> the woman in the story is first, dan. don't be so touchy. >> let me get to the sports. >> very sensitive up here. one day after the parade is

reshaping the roster. aubrey rough h of you will not be coming back. he had a huge year into a two-year $22 million contract but plagued by a series injuries. huff had only .192 this season. huff leaves with a $2 million buyout. giants are hoping to bring back fly agents marco scutaro and angel pagan. cal football. keannan allen is not going to lay no, ma'am night in the game against washington. he hurt his knees last week. perhaps after cal's last game is when he is going to come back. we may not see him again. we had it highlighted and he ran down with 1:16 and landed on his left letd knee. the question is where do you put your best player out on special teams when you are down by three

touchdowns and minute left. that is not smart. offensive coordinator talked about what allen's absence means to the bears. >> there is no way you don't miss a guy like that. >> we had a lot that played a lot this year for us. it's like anything. it's been a growing process. they have been maturing. those guys will step up and we'll have a heck of a game. to college football on saturday, starts with oklahoma at iowa stated. prime time game features the heisman front-runner, colin cline. n.f.l. the raiders going for their third straight win against tampa bay. bucks running back doug martin.

look at the break out. racked up 214 yards and too touchdowns against the vikings. >> he is guy that can do a lot of different things. i think he has great vision. i think she extremely quick. he also runs with great power. so he has got a lot of different things he can do as far as the running game is concerned. obviously she threat any time he gets out of the backfield. there is a reason why he was drafted in the first round. he is living up to that billing. >> thursday night football, chargers hosting the chiefs. they score on the opening drive. philip rivers to his favorite tarring, antonio gates. 7-0 san diego. rivers has been shaky lately. completed 18 of 20 with two touchdowns, back shoulder pass. and here is touchdown.

up 17-6 and kansas city is awful. horrific. here is matt castle and scene phillips win 31-14. >> n.b.a. tonight, actually let me tell you about the warriors first. they won their season opener on the road over phoenix. home opener is tomorrow night against memphis. you can see him in person, bogus scored 8 points. labored at times against the united states is but he is trying to play his way back in shape. he is a little rusty and kind of banked up since his january. >> first n.b.a. game in nine months. in treatment and recovery and be out tomorrow and be ready to go. >> now n.b.a. tonight, hosting the thunder, eric manor, got it!

spurs were down and 30 seconds left. tony parker, corner jumper, 3 ball goes down. thunder trying to get last shot. takes it away. tim duncan calls time out. parker, for the win. good night. game over. drive home safely. spurs win in ot 86-84. spurs may be old, tony parker, tim duncan but old but dangerous. >> very good. >> i know the feeling. >> it is really happening. very good. >> that is kind of rough. >> that is our report. break it up boys. i'm dan ashley. we appreciate your time.